An agenda packet containing detailed information on the items listed below is distributed to the County Judge, Commissioners, and County Clerk the Friday preceding the meeting. The agenda packet is also posted on the county website at  www.burnetcountytexas.org, under Public Meetings.   A hard copy of the agenda packet is available in the County Clerk's office. Our Mission Statement: The mission of Burnet County is to maintain overall efficient and effective management of county resources while providing the services mandated by state and federal law and desired by the citizens of Burnet County.
 
REGULAR MEETING DATE: Tuesday, January 25, 2022 MEETING TIME: 9:00 a.m.
MEETING PLACE: 2nd Floor Courtroom located at 220 S. Pierce, Burnet, Texas

1.  Call to Order

2. Invocation and Pledge of Allegiance to the flags.
 
3.  Public Comments.  Any person with business before the Commissioner’s Court not scheduled on the agenda may speak to the Court.  No formal action can be taken on these items at this meeting. Comments regarding specific agenda items should occur when the item is called.  There is a 2 minute speaking limit. 
 
4.  Discussion and/or action regarding update by Burnet County law enforcement to the clean-up of the public nuisances defined by the Texas Health & Safety Code Chapter 343 previously found to exist by the Burnet County Commissioners Court at 11615 CR 404 Spicewood, Texas, Burnet County.  Potential action includes the granting of authority to Commissioner Joe Don Dockery to abate nuisance upon failure by the owner, lessee's occupants, or other persons of interest after having received Commissioners Court Order to abate and the passing of 31 days.  Potential action also includes the authority to seek restitution for all funds spent by Burnet County to abate issues as allowed by the Texas Health & Safety Code (Dockery/Arredondo)
 
5.  Discussion and/or action regarding changing the Tourism and Marketing Director position from a part-time to a full-time position (Oakley)
 
6.  Discussion and/or action regarding ratification of dates for FY22 and FY 23 BOPATE (Batteries, Oil, Paint, Antifreeze, Tires & Electronics) & HHW (Household Hazardous Waste) Collection events (Beierle)
 
7.  Discussion and/or action regarding a solid waste grant presentation from CAPCOG (Beierle)
 
8.  Discussion and/or action concerning regarding the Burn Ban for unincorporated areas of Burnet County (Oakley)
 
9.  Discussion and/or action regarding a request for a variance from the Burnet County Subdivision Regulations by Stanley Cozby III, for 8.066 acre tract out of a 10 acre tract located at 2300 E FM 2147, BCAD Parcel #102213 (Dockery)
  
10.  Discussion and/or action regarding a replat of lots 20 and 21, Buena Vista, Sec. 6, to be known as lot 20-A, Buena Vista, Sec. 6 (Luther)
 
11.  Discussion and/or action regarding the final plat of Ree’s Landing, a private subdivision consisting of 46 lots on 57.258 acres located at 8410 CR 404 (Dockery)
 
12.  Discussion and/or action regarding the final plat of Dahlia Estates, a private subdivision consisting of 3 lots on 3.03 acres, located at the 500 block of CR 274 (Beierle)
 
13.  Discussion and/or action regarding the preliminary plat approval for Burnet Oaks Estates, a private subdivision consisting of 53 lots on 298.38 acres located in the 2800 block of CR 200 (Beierle)
 
14.  Discussion and/or action concerning Cross Timber Subdivision (Luther)
 
15.  Discussion and/or action regarding the purchase of an asphalt paving machine for Burnet County (Dockery)
 
16.  Discussion and/or action regarding the reappointments of Sharon Barclay and Richard Bremer to Burnet County ESD #2 (Luther)
 
17.  Discussion and/or action concerning any topics related to the COVID – 19 virus.
 
18.  Executive Session.  Discussion with Burnet County Commissioner’s Court and the County Civil Attorney(s) and/or the County Attorney in accordance with Texas Government Codes 551.071.  The Commissioners Court reserves the right to adjourn into Executive Session at any time during the course of this meeting to discuss any matters as authorized by the Texas Government Code including, but not limited to, Sections:  551/071 (Consultation with Attorney), 551.072 (Deliberations about Real Property), 551.073 (Deliberations about Gifts and Donations), 551.074 (Personnel Matters), 551.076 (Deliberations about Security Devices), 551.087 (Economic Development), 418.183 (Deliberations about Homeland Security Issues), 551.0725 (Contracts being negotiated).   
           
19. Reconvene in Open Session. 
 
20. Discussion and/or action regarding items discussed in Executive Session and take up for Consideration and possible action, pursuant to Chapter 262, Texas Local Government Code. 
 
21.  Discussion and/or action regarding Department Updates: (Oakley)
            a. Approval of Treasurer’s Monthly Report – December 2021
            b. Acceptance of Treasurer’s Quarterly Report – 1^st Qtr. FY 21-22
            c. Approval of Burnet County Investment Policy 2022
 
22.  Acknowledgement of Receipt:
            a. Letter of thanks from LaCare
            b. EOY 2021 financial statements for ESD 3
            c. Quarterly reports from Cottonwood Shores VFD
 
23.  Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified: (Oakley)  
24.  Discussion and/or action concerning calling for Bids and Bid openings, request for proposals/qualifications and related openings (Oakley)
            a. Bid award for a new or used Vibratory Roller for RB3
             
25.  The following items are part of the Consent Agenda and require no deliberation by the
       Commissioner’s Court.  Any item from this agenda may be considered separately:
       a.  Consideration and approval of any pending personnel issues within the policy.
       b.  Payroll approval/Personnel Action Form Approval
       c.   Consideration and approval concerning budget amendments.
       d.  Consideration and approval concerning budget line item transfers.
       e.  Consideration and authorization of payment of claims previously approved
            by the County Auditor.
       f.  Acceptance of reports of County Officials as required by LGC 115.02 previously
           examined by the County Auditor
       g.  Consideration and approval regarding Departmental equipment requests and/or
            property transfers.
       h.  Correspondence.
           
26.  Discussion regarding any previous agenda items.
 
27.  Calendar Review.
 
28.  Adjournment.
 
 
                                                                       
James Oakley, Burnet County Judge
  
                                                                                               
Reviewed by: Eddie Arredondo, County Attorney

The Commissioners' Court reserves the right to adjourn into Executive Session at any time during the course of this meeting to discuss any matters as authorized by the Texas Government Code including, but not limited to, Sections: 551.071 (Consultation with Attorney) 551.072 (Deliberations about Real Property), 551.073 (Deliberations about Gifts and Donations)Deliberations about Security Devices), 551.087 (Economic Development), 418.183 (Deliberations about Homeland Security Issues). Compliance with the Americans with Disabilities Act, Burnet County will provide for reasonable accommodations for persons attending Commissioners' Court. To better serve you, requests should be received 24 hours prior to the meetings. Please contact Ms. Stephanie McCormick, Commissioners’ Court Coordinator, at (512) 715-5276. Please note, the location of the meeting is subject to change based upon availability of the Courtroom. If meeting location is changed, notice at the above meeting location shall be posted to ensure public access to meeting is granted.

Judge James Oakley called the meeting to order at 9:00 a.m.

Comm. Beierle led the court in the invocation and Pledges to the United States flag and the Texas flag.

Victor Uvalle, Risk Management Consultant with Texas Association of Counties discussed the new services they provide.

The court acknowledged Jim Barho for receiving the Phill Parmer Volunteer Service Award from CAPCOG
Jim Barho gave an update on the CERT Program

The court discussed an update by Burnet County law enforcement to the clean-up of the public nuisances defined by the Texas Health & Safety Code Chapter 343 previously found to exist by the Burnet County Commissioners Court at 11615 CR 404 Spicewood, Texas,
Burnet County. County Attorney Eddie Arredondo gave background on agenda item and advised the court on how to proceed.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the abatement order.

Vote: 5 - 0 Passed - Unanimously

The court discussed the Cross Timber Subdivision. Herb Darling Development Services, requested guidance from the Court on how to proceed.
Judge Oakley does not believe it is not within the purview of the court. County Attorney Eddie Arredondo is open to have an open discussion from the public on this item. James Allen, Shawn Hicks, Toni Hicks and Linda Nash spoke on their concerns about the Cross Timber Subdivision. County Attorney Eddie Arredondo recommendation is to let the parties go to civil court and take a pause until there are answers from the court about the deed restrictions. Joanne Hatton the representative for Recreational Land Sales Developer discussed concerns of Blacksmith Ranch deed restriction and that no existing ACC was established in the deed restrictions. James Allen stated that a lawsuit has been filed.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to authorize the County Attorney to do further investigation into the application process for the plats located on lots 32-48

Vote: 5 - 0 Passed - Unanimously

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr.,  to withhold any permits for the 107 acres until this issue has some resolution.
Motion died for lack of a second

The court recessed at 10:12 a.m.

The court reconvened at 10:20am.  All Court members were present.

The court discussed a request for a variance from the Burnet County Subdivision Regulations by Stanley Cozby III, for 8.066 acre tract out of a 10 acre tract located at 2300 E. FM 2147

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the variance from the Burnet County Subdivision Regulations by Stanley Cozby III, for 8.066 acre tract out of a 10 acre tract located at 2300 E FM 2147,

Vote: 5 - 0 Passed - Unanimously

The court discussed a replat of lots 20 and 21, Buena Vista, Sec. 6, to be known as lot 20-A, Buena Vista, Sec. 6

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the replat of lots 20 and 21, Buena Vista, Sec. 6, to be known as lot 20-A, Buena Vista, Sec. 6

Vote: 5 - 0 Passed - Unanimously

The court discussed the final plat of Ree’s Landing, a private subdivision consisting of 46 lots on 57.258 acres located at 8410 CR 404 
Correction made by Jody Williamson to reflect 42 lots, not 46 lots.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the final plat of Ree’s Landing, a private subdivision consisting of 42 lots on 57.258 acres located at 8410 CR 404

Vote: 5 - 0 Passed - Unanimously

The court discussed the final plat of Dahlia Estates, a private subdivision consisting of 3 lots on 3.03 acres, located at the 500 block of CR 274 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the final plat of Dahlia Estates, a private subdivision consisting of 3 lots on 3.03 acres, located at the 500 block of CR 274

Vote: 5 - 0 Passed - Unanimously

The court discussed the preliminary plat approval for Burnet Oaks Estates, a private subdivision consisting of 53 lots on 298.38 acres located in the 2800 block of CR 200 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve the preliminary plat approval for Burnet Oaks Estates, a private subdivision consisting of 53 lots on 298.38 acres located in the 2800 block of CR 200

Vote: 5 - 0 Passed - Unanimously

The Court discussed the purchase of an asphalt paving machine for Burnet County from Cooper Equipment Co. for a new 2022 Carlson CP-130 Asphalt Paver for $299,839.85. Karin Smith, County Auditor presented the budget amendment for $275,000 for the purchase, the cost to be funded from the R&B tax note distribution and the remaining amount of $6,250 will be shared between each precinct. Rick Chapman with Cooper Equipment discussed the item.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the purchase of an asphalt paving machine from Cooper Equipment and the budget amendment for $275,000 and additional $6250.00 from each of the 4 precincts to be determined by the County Auditors and the individual Commissioners

Vote: 5 - 0 Passed - Unanimously

The Court discussed the reappointment's of Sharon Barclay and Richard Bremer to Burnet County ESD #2

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the reappointment's of Sharon Barclay and Richard Bremer to Burnet County ESD #2

Vote: 5 - 0 Passed - Unanimously

Judge Oakley reported on COVID 19 and the resources available for testing and vaccines.
 

The court took no action on this item

The court took no action on this item

The court took no action on this item

The court discussed approval of the Treasurer's Monthly report for December 2021 and acceptance of the Quarterly report for 1st Quarter FY 21-22

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve Treasurer's Monthly Report for December 2021 and the acceptance of the Quarterly Report for 1^st Qtr FY 21-22

Vote: 5 - 0 Passed - Unanimously

Annual Approval of Burnet County Investment Policy 2022

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the Annual Investment Policy 2022

Vote: 5 - 0 Passed - Unanimously

Sara Ann Luther Human Resource Director, reported that W-2's were distributed to all employees, and the T95c for the Affordable Care Act have been finalized and will be distributed by January 31st

The court took no action on this agenda item.

The court discussed approval of contracts, agreements or grants to be approved and/or ratified:

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the Work Order Authorization with KC Engineering for Wirtz Dam project – funding from the FY2019 tax note; Interlocal with BCISD for additional space; Agreement with Central Texas Water Coalition; Replacement of interlocal agreement with Coryell County for the FY 22 MVCPA grant for the Heart of Texas Auto Theft Task Force. New additional requirements were not included in the one signed 9/14/21; CEO/Law Enforcement Certification and Assurance Form, Required for Criminal Justice and Public Safety Applications; 2022 Sponsorship Bluebonnet Air Show

Vote: 5 - 0 Passed - Unanimously

23c.  The court discussed Sponsorship approval of the 2022 Burnet Bluebonnet Festival in the amount of $5000.00 – From tourism

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve Sponsorship approval of the 2022 Burnet Bluebonnet Festival in the amount of $5000.00 – From tourism

Vote: 4 - 0 Passed

Other:

Commissioner Precinct 2 Damon Beierle (Abstain)

The court discussed calling for Bids and Bid openings, request for proposals/qualifications and related openings 
            a. Bid award for a new or used Vibratory Roller for RB3
The court received 2 bids.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to accept the bid from Central Texas Equipment for the new Dynapac roller in the amount of $132,850.00

Vote: 5 - 0 Passed - Unanimously

The court discussed the Consent Agenda and require no deliberation by the
Commissioner’s Court.  Any item from this agenda may be considered separately

Judge Oakley requested to pulled out items a and e from Item # 25
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the consent agenda with the exception of items a and e

Vote: 5 - 0 Passed - Unanimously

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the request of hand checks, and all other claims previously approved by the County Auditor.

Vote: 5 - 0 Passed - Unanimously

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve the exception to OT pay policy

Vote: 5 - 0 Passed - Unanimously

The court discussed changing the Tourism and Marketing Director position from a part-time to a full-time position.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve changing the Tourism and Marketing Director position from a part-time to a full-time position

Vote: 5 - 0 Passed - Unanimously

The court discussed ratification of the dates for FY22 and FY 23 BOPATE (Batteries, Oil, Paint, Antifreeze, Tires & Electronics) & HHW (Household Hazardous Waste) Collection events. BOPATE event 4/23/2022 and HHW event 10/15/2022

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to ratify dates for FY22 and FY 23 BOPATE (Batteries, Oil, Paint, Antifreeze, Tires & Electronics) & HHW (Household Hazardous Waste) Collection events

Vote: 5 - 0 Passed - Unanimously

The court took no action on this agenda

The court discussed the Burn Ban for unincorporated areas of Burnet County

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to adopt a Burn Ban for unincorporated areas of Burnet County, effective at 12:00 pm today

Vote: 3 - 2 Passed

Nay:

County Judge James Oakley
Commissioner Precinct 3 Billy Wall

The court took no action on this agenda item.

The court discussed calendar review.

There was no further business discussed, Judge Oakley adjourned the meeting at 11:15 a.m.